The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-07-13
The Claim for Betterments.

ne CIdilll OF Une leSSeeS Oh ILb w CSLeIIi
and Atlantic railroad for compensation for
; betterments very naturally creates some
surprise The impression has prevailed that
| at the expiration of the lease the road, just
as it is, with its equipment would pass into
the possession of the State, and, that too
free from any claim of the lessees The
letter of President Brown has destroyed this
| impression, and it now appears that the
| lessees expect to be paid for all the inn
provements they have made, and for all the
rolling stock they have purchased beyond
what is necessary to leave the road with
about the same amount of rolling stock it
had when they came into possession of it,
1t is, of course, impossible to say whether
the Legislature will admit that the lessees
have a just claim for betterments. If it
does not admit that they have, their purpose
is doubtless to appeal to the courts.
The impression gained from the lease is
thut the lessees are to be allowed nothing for
bettcrments. All that is said in that docu-
ment on that point is that the lessccs shall
return the road to the State in as good con-
ditisn as they received it. This clearly
picans that the property should not be per
nitted to 60 20 ruin and become practically
worthless, and it also contains the implied
obligation TO make all necessary improve
ments and to increase the rolling stock to
any extent that might be necessary to meet
the demands of business.
If the understanding of tho State and
the lessees was that additional rolling stock
and improvements were to be paid for, on
the termination of the lease it would have
been so stated in the contract The fact that
there is no such statement would seem to be
quite conclusive that the lcssees expected to
put Improperly in condition to meet all
the business demands upon it, and to keepit
so without any compensation therefor I'm
less they had improved the road and its ia
cilities they would not have been able to
make the rent out of it, It would have been
a burden to them instead of a dividend
yielding property.
President Brown says that when the les
sees took the road the freight cars had only
half the capacity which the present freight
cars have, and that the engines were worn out
and generally unfit for service. From his
statement the entire rolling stock has been
renewed, and it is now first class in every
respect. Well, when the lessces took the
road did they not expect to renew the
rolling stock, build new bridges and make
such other improvements as their bust
ness demanded Why did they expend
so much on betterments3 Clearly be
cause it paid them to do SO. They
have not spent dollar that they were not
absolutely obliged to spend. They knew
that the road would pass back to the State
at the end of stated period, and that there
was no agreement that they should be paid
for improvements Hence they cannot
justly ask to be paid for doing what they
were obliged to do.
There is another light in which this claim
for betterments may be viewed. 1t is this:
When the lessees received the road it was in
q condition to do all the business that was
offered to it. That is its condition
to-day. The business of the road
has increased, and the travelling
public has become more exacting. If the
road were to be stripped of its betterments,
as threatened by President Brown, it could
not accommodate its business nor meet the
demands of its patrons. II would not,
therefore, be in as good condition as it was
when the lessees obtained possession of it,
and if returned to the State in that condi-
ton the terms of the lease would not be
complied with.
Doubtless every dollar spent in better
ments has returned two dollars to the les
sees Every improvement made has in
creased the public confidence in the road
and brought it business. The improvements
also have made it possible TO do the business
of the road at less expense. The lessees,
therefore, were only consulting their own
interests when they spent money for better
ments, and 1t Is rather remarkable that
they should now want pay for what has
already paid them so we'll
If the lessees had purchased any more
cars and engines than were absolutely nee
essary TO handle the roads business they
might reasonably claim pay for this extra
rolling stock if the State wanted it, but no
such claim as that is set up. The road has
only what rolling stock it needs, and that
was about its condition when the lessees
took it. Unless President Brown makes
out better case for the lessees than he has
in his letter the chances are that the Lcgis-
lature will not allow thoir claim Tie
| MORNING News has already said, however,
that if the lessees are entitled to anything
they ought to have it, The State only wants
what belongs TO her.